Severe Weather

Ask The Judge: Sidebars, Verdicts

Editor's Note: As ongoing extended coverage of the Casey Anthony trial, WESH 2 News legal analyst Judge O.H. Eaton Jr. is answering questions about the case. Do you have a question you would like Eaton to answer? Click here to send it via email. Please include your name and city.

Death Penalty

Dear Judge Eaton: Because of the Supreme Court ruling and the defense motion for mistrial, can the judge take the death penalty off the table? If so, would it be before the jury deliberates or after a verdict is reached? -- Anthony

The ruling in question was in the case of Evans v. McNeill in the Federal District Court in Miami. That is a federal trial court. The decision in that case is only binding upon the parties in that case. The decision can be cited in state court as ?persuasive authority,? but it is not binding. The Florida Supreme Court?s decisions and the United States Supreme Court decisions are binding precedent, with the U. S. Supreme Court decisions being the law of the land. The Evans case does not require Perry to take the death penalty off the table, and it would be an error to do so. If the Evans case finds its way to the United States Supreme Court, and that court declares the Florida death penalty unconstitutional, the decision will be binding on the state of Florida and could affect the death penalty schemes in other states, particularly Alabama and Delaware because those states have adopted a version of the Florida death penalty scheme. -- Judge O.H. Eaton

Sidebars

Dear Judge Eaton: How can things at sidebar that are testified to or proffered in the absence of the jury be relevant to the outcome of a trial unless they are solely for use in any later appeals? If the jury does not see or hear them, then the jury cannot consider them during deliberations. -- Dianne, Ocala, Fla.

Sometimes a sidebar is for the purpose of obtaining rulings of law. Other times a side bar is used to proffer testimony in order to obtain a ruling on admissibility and for the purpose of preserving the issue for appeal. -- Judge O.H. Eaton

Proof Of Murder

Dear Judge Eaton: How can Casey or any defendant be put to death for a homicide, when as far as I understand in this case, there is no proof of a murder? Of course, Dr. G. stated how she concluded it was a homicide, which is pretty scary that someone could be put to death for her reason. There's always a first time for everything. -- Jim, Leesburg, Fla.

This is a circumstantial evidence case, and the judge has ruled there is sufficient evidence for the jury to decide the case. The jury may or may not find the evidence sufficient to convict Casey Anthony of first-degree murder. The death penalty only becomes an issue if the verdict is for first-degree murder. The question of the sufficiency of the evidence will no doubt be an issue on appeal -- if Casey Anthony is found guilty of any crime. -- Judge O.H. Eaton

Life In Prison

Dear Judge Eaton: You noted in a previous response that a judge can impose a life sentence for any or no reason, and it cannot be reviewed by any other court. I'm assuming the defense could still seek an appeal. What's the difference between an appeal and the review you referenced? -- Sheryl, Winter Springs, Fla.

There are only two possible sentences for first-degree murder: life in prison without the possibility of parole and death. A defendant cannot appeal a life sentence and request it to be changed to death. However, a defendant can appeal the case and assign issues on appeal that were raised during the trial, such as the admissibility of the sniff test. The purpose of the appeal would be to achieve a new trial or to successfully challenge the sufficiency of the evidence in order to have the verdict reduced to a lesser charge or a dismissal. -- Judge O.H. Eaton

Announcing Verdict

Dear Judge Eaton: When the jury gets the case and their decision is made, when they announce it, do they also give her sentence or is that at another day and time? If so, when? -- Corie, Brownstown, Mich.

It is unlikely that sentence will be imposed when the jury returns its verdict. If the verdict is first-degree murder, there will have to be a penalty phase trial. If the verdict is for some lesser offense(s), the court will have to prepare a sentencing score sheet and possibly a presentence investigation will be ordered. Of course, if the verdict is not guilty or for some minor misdemeanors, the case will conclude immediately. Casey Anthony has already served more time than could be imposed for misdemeanors. -- Judge O.H. Eaton

MORE: Extended CoverageSTAY UPDATED: Casey iPhone App

Addressing The Judge

Dear Judge Eaton: I?ve noticed that Mr. Baez refers to Judge Perry as Judge, while all the other lawyers address him as Your Honor. What is appropriate? Or is there a difference? -- Maggie

Either title is appropriate. Judge is less formal and is usually used when the jury is not present, but that is not a hard and fast rule. -- Judge O.H. Eaton

Rebuttal For Both Sides?

Dear Judge Eaton: Is there rebuttal both sides or just the state? -- Rheal

The order of proof is: plaintiff?s case in chief; defendant?s case in chief; plaintiff?s rebuttal; defendant?s surrebuttal. It is very unusual for there to be surrebuttal and allowing it is within the discretion of the judge. -- Judge O.H. Eaton

Anthonys On Stand

Dear Judge Eaton: Why do the attorneys call the Anthonys back to the stand every day? The questions they ask seem so sporadic each day. I don't understand why they just don't ask all at one time? -- Tracey, Longwood, Fla.

I agree. The trial would have been smoother if the Anthonys had been called only once. I suspect part of the problem was the fact that they all were allowed to remain in the courtroom. There is no requirement for a witness to testify only once, although the trial judge has discretion to control the number of times a witness is called. -- Judge O.H. Eaton

Juror Activities Out Of Court

Dear Judge Eaton: I was wondering what the jury does on days when court is not in session and days when court ends early like this past Saturday. Are they confined to their hotel rooms? -- Grace, Sanford, Fla.

I understand the jury is sometimes taken as a group to a movie or a restaurant. They are probably provided with some sort of lounge at the hotel. Otherwise, they are in their rooms. -- Judge O.H. Eaton

Casey Not Guilty

Dear Judge Eaton: If Casey is found not guilty, will she be released immediately? How soon will Casey be transferred to prison, if convicted? -- G. Gates

If found not guilty, she will be released from the courtroom. If she is sentenced to death or to prison, she will be transferred to the women?s correctional facility at Lowell, Fla. The female death row is located there, and that facility is one of the women?s reception centers for females, who are sentenced to the Department of Corrections. She would likely stay at Lowell if she receives a lengthy prison sentence. -- Judge O.H. Eaton

Duties Of Bailiff

Dear Judge Eaton: What are the duties of the bailiff besides swearing in the witnesses? -- Karen

The bailiff provides security and handles witness management near the courtroom. In most counties in Florida, bailiffs have been replaced with sworn deputies who have arrest powers. -- Judge O.H. Eaton

Copyright 2010 by WESH.COM. All rights reserved. This material may not be
published, broadcast, rewritten or redistributed.

Comments

The views expressed are not those of this site, this station or its affiliated companies. By posting your comments you agree to accept our terms of use.

Forty years ago, one of the greatest boxing matches in history took place in an unlikely setting: the capital of the Philippines. Muhammad Ali's epic win over great rival Joe Frazier in 1975 became known as the "Thrilla in Manila."

Hillary Clinton did not have a State Department email account while she served as America's top diplomat, a senior state department official said Monday, and instead used a personal email account during her four years on the job.